Item 4E - Encroachment AgreementAPPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT
�r )a_'-'4.
Date of Submittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public
drainage and / or utility easement situated on or abutting property located at
1-1
dry i4*5 )Pig } , and described by metes and bounds in Exhibit No. 1 of the
attached agreement:-'
The reason for the encroachment and use of the easement is as follows:
1l a n n& C0 oPPr
Printed Na ZZ
n
SignaturWLW"107—
a5g) tPanK 6 v -ile 1,00p
Address
,)o K4jWet Ke l x -71o092
City State Zip
$ i l- 23y Save
Telephone
Fax Number
LS]
Easement Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF jarrr� §
Be it known, that the City of Southlake, herein after referred to as "City," and its franchised Utility Companies,
herein referred to as "Utilities," do consent and agree to permit the following
I'1e9 K� S lGd herein after referred to as "Applicant," to use an easement, situated on or
abutting LO _, BLOCK_A_, OF 1�4,►I VV00d of IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT
No. 2 and consented to by the public utility companies as listed on the attached EXHIBIT No. 3, to be used for the
purposes of
and being subject to the following conditions:
That the Applicant, his successors or assigns shall maintain in good condition all of the easement area and the
improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at
any time in the future.
That the Applicant shall and does hereby agree to indemnify and hold harmless the City and the Utilities from any
and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned
by its use of the easement or act of omission, neglect or wrong doing of Applicant, his officers, agents,
employees, invitees or other persons, with regard to the improvements and maintenance of such improvements;
and the Applicant shall, at his own cost and expense, defend and protect City and Utilities against any and all
such claims and demands.
That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and / or
removed within thirty (30) days of written notification, at the discretion of City, for:
(1) Lack of maintenance to the easement;
(2) Failure to provide access to the City or its designees; or
(3) Compliance with a City Council directive that use of the easement by the Applicant be
discontinued and the cost associated with the discontinuing of such activities, and the removal of
such improvements, as well as property adjacent to the easement necessitated by such
discontinuation of the easement, shall be borne by the Applicant.
IV.
That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for loss of the
value of the improvements made hereunder when such improvements are required to be removed by Applicant.
0:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx
V.
This agreement shall be filed of record in the Deed Records of Tarrant County, Texas, and shall bind all future
owners of this lot and shall for all purposes be considered a covenant running with the land.
IN ESTIMONY WHER OF, Applicant executes this Easement Agreement on this C?a Y\U day of
20.
Pe f-e Z
Prin e�Name
By: By:
Applicant's Signature
NOTE: Complete the attached acknowledgements.
City of Southlake
Mayor
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE 14E, t e and rsigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared 0.�t `ram known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said
0h6eAr Or Name a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
Iv N-wiil®ER MY HR�N�I� OFFICE this the o�� day of 20 o="t_•
Notary Public, State of Texas
Comm. Expires 10-31-202511
'
Notary ID 129612169 Notary Pj c in a Rfore State�&Texas
y Commission Expires: r/ " W 31. ao a g
E STATE OF TEXAS
iUNTY OF TARRANT
Individual Acknowledgment
EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared known to me to be the person whose name is subscribed to the
fioregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20
Notary Public in and for the State of Texas
Commission Expires:
_....._..___.._.....__.__....._....... ........ _. __.
E STATE OF TEXAS
iUNTY OF TARRANT
City of Southlake Acknowledgment
3EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said
a municipal corporation, and that he executed same for the purposes and
;onsideration therein expressed and in the capacity therein stated.
VEN UNDER MY HAND AND SEAL OFFFICE this the day of
r�
Notary Public in and for the State of Texas
Commission Expires:
v'
A /
rT 1
ST NEBURY
p—
arch ..-
FOHi NDP1H, lEMS i6116
1256 YnIH STPEEi
S 2I6
SWTAWtE. iEXAS75092
e�i. �e68ate [Dw
ou.,
10/13(2022
t.rcec>.gi
O D
ro a�
' a , Y"-lbElCtPF.I WAS
Z
O
DC
{qT+:@J �GL`N' MO TQq KGRYrIP�
F
w 0 �
z ~ O q
W
K Y W
PLAb iCRPD.i'PoCFD_4WG' t^E1t11
ao rAvw .surwroH
Q g }
U) �Z
, Fl
w
0 O
� o�
r
O �Cr
Ir
O
U
J
DA
•1CB R?YlIEY L(lRf
:Cis 3.9L6zx 4
ADD-Q.
6 9Li1fiH�
m
ALL-
IIAMILTON DUFFY, P.C.
Civil & Environmental En ineers • Planners • Construction Mana ers
Texas Reg. No. F-5260
January 19, 2024
Sandy Endy, P.E.
City of Southlake
1400 Main Street
Suite 320
Southlake, TX 76092
RE: Drainage Verification in support of
Encroachment Agreement for
1708 Kingsley Ct
Lot 3, Block A — Hawkwood Addition
Southlake, Texas
Dear Sandy:
We write this letter per the request of Lambert's Ornamental Iron. They are the contractor for the owner
of the property listed above. The owner wishes to build an 8' wood fence along the sides and rear of the
lot. The proposed fence must cross an existing 10' drainage easement along the rear of the lot. Owner
has filled out an application for encroachment into this easement with the proposed fence.
We understand that this agreement will go before City Council for its approval. We have prepared the
following statement in support of the agreement as follows:
1) Engineering Record Drawings show that the general intent of this easement is for stormwater to
run along the rear property line of this lot in a west to east manner within the 10' drainage
easement. Per the attachment, the side fence within the 10' drainage easement will be 8' with 7'
of the top being wood and 1' iron at the bottom to allow passage of water. The remainder of the
side fence going toward the street (south) will be 8' wood. Per the attachment, we have also
included a detail of the entire rear fence. Said rear fence will be 8' tall with 7' of the top being
wood and 1' iron at the bottom to allow passage of water from the northern lot.
It is our conclusion that the proposed fences will have no bearing on the function of the existing 10'
drainage easement as water will not be impeded and will be allowed to pass through the iron portion of
fence. As a consulting engineer with many years experience in residential development, we verify that
this property and surrounding properties should not be impacted in an adverse way in regard to drainage
due to the construction of the proposed fences. If you have any questions or require further information,
please contact my office.
►r T.
Sincerely, �i
HAMILTON DUFFY, P.C. ............ ............
,e
KEITH M. HAMILTON,�i
..... o
Keith Hamilton; P.E.
Attachment{�iSS'••••.. ••' NG,�. `(1�.
`.ram �<
xc: Carly Perez, Lambert's Ornamental Iron
8241 Mid -Cities Blvd, #100 North Richland Kills, TX 76182
(817) 268-0408 www.hamiltonduffy.com
FENCE 1111 VWOOD
OPENING IN IRON
TO ALLOW FLOW OF
/ WATER
FLU 1'IRON FLOW.
SECTION A.A
NTS
FENCE III 7 WOOD
OPENING IN IRON
TO ALLOW FLOW OF
/
SWALE WATER
1 ' IRON FLOW
SECTION B.B
NTS
1708 KINGSLEY CT
LOT 39 BLOCK A - KINGSLEY COURT
SOUTHLAKE. TEXAS